IT IS A CONDITION OF ENTRY/USE OF THE ShareExpress2000 WEB SITE THAT YOU READ AND ACCEPT THE FOLLOWING DISCLAIMER AND TERMS AND CONDITIONS. |
Terms and Conditions of use.
This Agreement sets forth the terms and
conditions which apply to your use of the ShareExpress2000 web site (the
"Service") which is offered to you by Click2.com Pty Ltd Australia. BY
USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU
HAD SIGNED THE USAGE AGREEMENT. If you do not agree to be bound by this
Agreement, please discontinue your use of the Service.
1. Disclaimer
Click2.com P/L makes no representation or warranties with respect to the content
available on the ShareExpress2000 web site, including, without limitation,
the accuracy, merchantability, or fitness for a particular purpose of any of the
information provided on this site.Click2.com P/L shall not be liable to you
or anyone else for any loss or injury caused directly or indirectly from use of
such content or site or links to other sites, or for any decision made or action
taken by you in reliance on such content or site. Click2.com Pty Ltd reserves
the right to edit messages or not to publish messages which it considers may be
misleading, inaccurate or offensive. Click2.com Pty Ltd can not be held
responsible for any of the message content posted on the forum or chat
channel. The message poster is solely responsible for the accuracy of
the content posted. These message boards are provided as a free service by
Click2.com P/L on an 'as is basis' . Users of this web site should exercise
caution when accepting any offers and understand that they are fully
responsible for their own actions. Click2.com P/L reserves the right to
edit, modify, delete, or refuse a message to the forum without any prior
notice being given.
CLICK2.COM P/L HAS PROVIDED LINKS AND
POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY
SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS
SERVICE. CLICK2.COM P/L, DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION,
PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE
AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, CLICK2.COM P/L DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLICK2.COM P/L DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SERVICE, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE,
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLICK2.COM P/L DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS
AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF
INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT
PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND
SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY
MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED THEREIN. YOU (AND NOT
CLICK2.COM P/L) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION.
2. Message Board and Chat Services.
(a) General. The ShareExpress2000 message boards (the “Message
Boards”) and chat areas (collectively with the Message Boards, the
“Community Areas”) are currently provided as free services. Click2.com P/L
reserves the right to change the nature of this relationship at any time. Violation
of the terms of this Agreement may result in the termination of your right to
use the Community Areas.
(b) Rules. It is a condition of your use of the Community Areas and this
Service that you do not: (i) restrict or inhibit any other user from using and
enjoying the Community Areas; (ii) post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or
indecent information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate any local, state, national or
international law; (iii) post or transmit comments containing harassing or
offensive language, including sexual references, sexual nicknames, racial slurs
or rude or deliberately offensive comments or engage in disruptive activities
online, including excessive use of scripts, sound waves, scrolling (repeating
the same message over and over), or use viruses, bots, worms or trojan horses;
(iv) post or transmit any information, software or other material which violates
or infringes the rights of others, including material which is an invasion of
privacy or publicity rights or which is protected by copyright, trademark or
other proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; (v) post or transmit any
information, software or other material which contains a virus or other harmful
component; (vi) post, transmit or in any way exploit any information, software
or other material for commercial purposes or which contains advertising; (vi)
solicit other users to join, become members of, or contribute money to any
online service or other organization, advocate or attempt to get users to join
in legal or illegal schemes or plan or participate in scams involving other
users; (vii) impersonate any person or entity or falsely state or otherwise
misrepresent your professional or other affiliation with any person or entity;
(viii) resell, redistribute, broadcast or transfer the information or use the
information in a searchable, machine-readable database; or (viii) use the
Service to collect personally identifying information about users of the
Service. You agree that you will not use the Service,
including the information provided therein and all related equipment, networks
and network devices (specifically including Internet access) for any unlawful
purpose. Click2.com P/L, at its sole and absolute discretion, shall determine
whether any information transmitted or received violates this provision.
(c) Monitoring. You understand that Click2.com P/L has no obligation to
monitor the Community Areas. However, Click2.com P/L reserves the right at all
times to disclose any information as necessary to satisfy any law, regulation or
governmental request, or to refuse to post or to remove any information or
materials, in whole or in part, that in Click2.com P/L’s sole and absolute
discretion are objectionable or in violation of this Agreement. You acknowledge
that Click2.com P/L reserve the right to, and may from time to time, monitor any
and all information transmitted or received through the Service, for operational
and other purposes. During monitoring, information may be examined, recorded,
copied, and used for authorized purposes.
Use of the Service constitutes consent to such monitoring.
(d) License. By posting messages,
uploading files, inputting data, or engaging in any other form of communication
(a "Communication") through the Community Areas, you are granting
Click2.com P/L a royalty free, irrevocable, perpetual, non-exclusive,
unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit,
publicly perform or display any such Communication, and (ii) sublicense to third
parties the unrestricted right to exercise any of the foregoing rights granted
with respect to such Communication. No Communication shall be subject to any
obligation of confidence on the part of Click2.com P/L. The foregoing grants
shall include the right to exploit any proprietary rights in such Communication,
including but not limited to rights under copyright, trademark, service mark, or
patent laws in any relevant jurisdiction.
(e) Content. Communications posted in the Community Areas are provided by
users such as yourself who are unaffiliated with Click2.com P/L, and the user
providing each such Communication is solely responsible for the content thereof.
In using the Community Areas, you should not assume that such messages have been
reviewed by Click2.com P/L, that such Communications contain correct
information, or that the persons posting such Communications have accurately
identified themselves and/or their affiliation with any third party.
(f) Personal Safety. When using the Service, please be certain that
anything you say does not compromise your personal safety. Do not provide your
name, phone number or any other personally identifying information to people you
do not know. Do not continue any conversation online that makes you feel
uncomfortable.
3. Trading with Online Brokerage and Mutual Fund Firms.
The Service may
provide links to online trading services for your convenience only. These
online trading services are provided by registered broker dealers and mutual
fund companies, and such broker dealers and mutual fund companies are solely
responsible for any services provided to you. Click2.com P/L is not a
registered broker dealer or mutual fund company, and Click2.com P/L
does not endorse or recommend the services of any particular broker dealer or mutual
fund company.
4. Content Disclaimer.
ShareExpress2000 solely provides investment
information to its users and is not intended to provide investment advice.
Click2.com P/L does not guarantee the accuracy, completeness or timeliness of,
or otherwise endorse, the views, opinions or recommendations on the
ShareExpress2000 web site. Click2.com P/L does not advocate the purchase or sale of any security or investment, or the use of any
particular trading strategy.
5. Limitation of Liability.
IN NO EVENT SHALL CLICK2.COM P/L BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE
THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED
THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
CLICK2.COM P/L HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT CLICK2.COM P/L SHALL not BE LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
6. Indemnification.
You agree to defend, indemnify and hold harmless
Click2.com P/L, and their respective directors, officers, employees and agents
from and against any and all claims, actions, suits or proceedings, as well as
any and all losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing from (a) any material
posted or otherwise provided by you that infringes any copyright, trademark,
trade secret, trade dress, patent or other intellectual property right of any
person or defames any person or violates their rights of publicity or privacy, (b)
any misrepresentation made by you in connection with your use of the Service;
(c) any non-compliance by you with the terms and conditions of this Agreement;
and (d) claims brought by persons or entities other than the parties to this
Usage Agreement arising from or related to your access and use of the Service,
including the information obtained through the Service.
7. Modification.
Click2.com P/L reserves the right to amend this
Agreement, and to modify, add or discontinue any aspect, content, or feature of
the Service. Such amendments, modifications, additions or deletions shall become
effective without any prior notice being given. Continued use of the Service
by you shall be deemed to indicate your acceptance of any such amendments,
modifications, additions or deletions. If any provision of this Agreement shall
be deemed unlawful, void, or for any reason unenforceable, then that provision
shall be deemed severable from these terms and conditions and shall not affect
the validity and enforceability of any remaining provisions of the above terms
and conditions of use.